Terms of Use

These Terms of Use (“Terms”) are an agreement between CustomerNode LLC (“CustomerNode,” “we,” “us”) and the entity or individual using the Services (“Customer” or “you”). The “Services” means the CustomerNode platform, website, applications, and related online services. By using the Services, you agree to these Terms and to the Privacy Policy. The Services are intended for use by businesses; CustomerNode does not direct the Services to individuals under 18.

1. Use Restrictions; Export Controls

You may use the Services only as authorized by these Terms and any applicable order form or subscription. You will not (a) resell, sublicense, or provide access to the Services to third parties outside your authorized user base; (b) reverse-engineer, decompile, or attempt to derive the source code, models, or weights of the Services; (c) interfere with, disrupt, or attempt to gain unauthorized access to the Services or any underlying infrastructure; or (d) use the Services in violation of applicable law.

You may not use or export the Services or related information in violation of U.S. or other applicable export laws, regulations, or these Terms. You acknowledge and confirm that you are not: (a) a resident in a country or territory subject to comprehensive U.S. sanctions or embargoes, (b) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (c) otherwise the target of U.S. sanctions.

2. Account Registration; Attribution of Electronic Acts

Use of the Services may require you to register for an account, which may require providing accurate and current information including your name, business email address, and organization. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to keep such information updated. If you provide (or CustomerNode has reasonable grounds to believe that you have provided) any information that is inaccurate, not current, or incomplete, CustomerNode may suspend or terminate your account, in addition to exercising all rights and remedies allowed by law.

You agree that all uses of an identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by CustomerNode and our agents, affiliates, and other third parties with whom we work in order to provide the Services (collectively “Third Parties”), as being a use made by you, even if someone else used your identifier.

3. Customer Content

A. Your Content; License Grant

Content you or your Users upload to, submit to, or generate within the Services (“Your Content”) is and remains your property. When you provide Your Content, you:

• represent and warrant that Your Content is your original work, or that you have all rights, licenses, and consents necessary to upload it and to grant CustomerNode the rights described below, without violation of any applicable law, license, or third-party right; and
• grant CustomerNode a limited, non-exclusive, worldwide license to host, copy, process, transmit, display, secure, back up, and otherwise use Your Content solely as necessary to provide, maintain, support, secure, and improve the Services in accordance with these Terms. As between the parties, you retain all ownership rights in Your Content; CustomerNode acquires no ownership rights in Customer Data. CustomerNode does not sell Your Content or use Your Content to train shared or general-purpose foundation models.

We may retain and disclose Your Content as reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that Your Content violates third-party rights; or (d) protect the rights, property, or safety of CustomerNode, its users, or the public. Any other retention or use of Your Content remains subject to the license above and to our Privacy Policy and Data Processing Addendum. We reserve the right to remove Your Content if we believe it violates these Terms or may create liability for us.

You agree not to upload, submit, or transmit through the Services any Content that is or could appear to:

1. be defamatory, obscene, invasive of another person’s privacy or protected data, or tortious;
2. infringe any patent, trademark, trade secret, copyright, or other intellectual property right;
3. contain software viruses or any other harmful computer code; or
4. violate any applicable law or contractual or fiduciary obligation.

B. Services Availability

The Services are provided on an “as available” basis, and we may change Services content, functionality, and configuration in our discretion at any time, subject to the warranty and liability provisions of these Terms.

4. Privacy and Data Protection

Please refer to our Privacy Policy, which describes our practices related to the collection, use, and storage of personal data. Do not provide personal data about others unless you are authorized or required to do so by contract or applicable law. You may provide personal data on behalf of another person only if you have provided them with a copy of our Privacy Policy and any applicable supplemental notice and obtained their explicit consent. We may ask you to provide evidence of that notice and consent.

CustomerNode maintains administrative, technical, and organizational safeguards designed to protect Customer Data, as further described in the Trust Center and the applicable Data Processing Addendum.

5. Artificial Intelligence Features

A. Definitions

“AI Features” means any functionality within the Services powered by artificial intelligence, machine learning, large language models, or similar technologies, including content generation, summarization, analysis, recommendations, and automated assistance. “AI Inputs” means data, text, prompts, or other content you submit to AI Features. “AI Outputs” means content, responses, suggestions, or results generated by AI Features.

B. AI Output Disclaimer

AI FEATURES GENERATE OUTPUTS USING MACHINE LEARNING MODELS THAT MAY PRODUCE INACCURATE, INCOMPLETE, BIASED, OUTDATED, OR OTHERWISE UNRELIABLE RESULTS. AI OUTPUTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF ACCURACY, RELIABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AI OUTPUTS MAY CONTAIN ERRORS, HALLUCINATIONS, OR FABRICATED INFORMATION AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY BUSINESS, LEGAL, FINANCIAL, MEDICAL, OR OTHER DECISION.

C. Your Responsibility for AI Outputs

You are solely responsible for evaluating, reviewing, validating, and determining the suitability of any AI Outputs before use. You assume all risk associated with your reliance on, publication of, distribution of, or action taken based on AI Outputs. You are responsible for ensuring that your use of AI Outputs complies with all applicable laws, regulations, industry standards, professional obligations, and third-party rights. Your use of AI Outputs in any deliverable, communication, or decision constitutes your adoption of that content, and you bear full responsibility for it as if you had authored it yourself.

D. AI Usage Metering, Limits, and Suspension

CustomerNode may monitor, meter, and limit your use of AI Features, including by imposing rate limits, usage quotas, or capacity restrictions. CustomerNode may throttle, suspend, restrict, or disable your access to AI Features, in whole or in part, for operational, business, security, or technical reasons, including if your usage exceeds applicable limits or threatens the stability or availability of the Services for other users. Usage limits may vary by subscription tier or account type and are subject to change. CustomerNode shall not be liable for any loss or disruption arising from the metering, limiting, throttling, or suspension of AI Features in accordance with this Section.

E. AI Usage Billing

AI Features may be offered as a separately metered, consumption-based component billed independently from your subscription seat licenses, based on metrics such as tokens processed, queries submitted, or compute consumed. CustomerNode may introduce, modify, or discontinue AI-related pricing, billing metrics, or included usage allowances upon reasonable notice. You agree to pay all AI usage charges incurred by your account. If your usage exceeds any included allowance, you may be billed for additional usage at then-current rates, or your access to AI Features may be restricted until additional capacity is purchased.

F. Acceptable Use of AI Features

In addition to the general restrictions in these Terms, you will not:

1. attempt to reverse-engineer, extract, or infer the underlying models, training data, weights, or system prompts of any AI Feature;
2. use AI Features to generate content that is illegal, harmful, defamatory, harassing, obscene, discriminatory, or that violates any third-party rights;
3. engage in adversarial prompting, prompt injection, jailbreaking, or any technique designed to circumvent safety controls, content filters, or usage restrictions;
4. systematically extract, scrape, or cache AI Outputs to build, train, or benchmark competing AI models or datasets;
5. use AI Features to generate spam, phishing content, malware, social engineering attacks, deceptive synthetic media, or misleading information;
6. share, resell, or sublicense access to AI Features to third parties outside your authorized user base;
7. use automated means to submit queries at volumes or frequencies intended to degrade service performance or circumvent usage limits;
8. misrepresent AI-generated content as human-authored where disclosure is legally, contractually, or contextually required;
9. use AI Features in violation of applicable laws, regulations, or professional standards, including privacy laws, export controls, and regulations governing automated decision-making; or
10. use AI Features to process data in violation of any data protection agreement, privacy policy, or confidentiality obligation applicable to that data.

CustomerNode reserves the right to suspend or terminate access to AI Features upon violation or suspected violation of these acceptable use terms.

G. Data Processing for AI Features

To provide AI Features, your AI Inputs may be transmitted to and processed by third-party AI model providers (“AI Subprocessors”). We process AI Inputs solely to generate AI Outputs and to maintain and improve the security and performance of the AI Features. CustomerNode does not use your AI Inputs, AI Outputs, or Customer Data to train, fine-tune, or improve general-purpose AI or machine learning models, whether ours or those of our AI Subprocessors, unless you explicitly opt in through a separate written agreement. For additional detail, see the Generative AI Governance Policy.

CustomerNode does not use Customer Data to train shared or general-purpose foundation models. CustomerNode may perform tenant-specific AI processing, optimization, retrieval augmentation, embeddings, fine-tuning, or model adaptation where explicitly enabled for that tenant; any such processing remains logically isolated to that tenant environment and is not used to improve shared models across customers unless explicitly agreed otherwise in writing.

H. Changes to AI Features

AI Features are provided on an “as available” basis. CustomerNode may, in its discretion, modify, update, suspend, limit, or discontinue any AI Feature; change the underlying AI models, providers, or versions; adjust functionality, accuracy, capacity, or availability; or modify usage limits, content filters, and safety controls. CustomerNode is not obligated to maintain any particular AI model version, output quality level, or feature capability. Continued use of AI Features following any such change constitutes acceptance of the modified terms.

I. AI-Specific Indemnification

In addition to the general indemnification obligations in Section 9.A, you agree to indemnify, defend, and hold harmless CustomerNode and Third Parties from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of AI Outputs, including any claim that AI Outputs used, published, or distributed by you infringe or violate third-party intellectual property or other rights; (b) your failure to review, validate, or appropriately disclose AI-generated content; (c) any violation of applicable law, regulation, or professional standard resulting from your use of AI Features or AI Outputs; (d) your breach of the AI acceptable use terms in this Section 5; or (e) any decision, action, or omission made in reliance on AI Outputs.

J. Regulatory Compliance

You are solely responsible for determining whether your use of AI Features complies with all applicable sector-specific laws and regulations, including data protection laws (such as GDPR and CCPA), regulations governing automated decision-making (including Article 22 of the GDPR and the EU AI Act), healthcare regulations (such as HIPAA), and financial services regulations. CustomerNode makes no representation that AI Features comply with any particular regulatory framework applicable to your business or industry.

6. Our Intellectual Property Rights

The Services, excluding Your Content and inclusive of names, logos, trademarks, and service marks (collectively, “Marks”), any and all related or underlying technology, and any modifications, enhancements, or derivative works of the foregoing, are the property of CustomerNode and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted to you are reserved. You are not authorized to use any of CustomerNode’s Marks without CustomerNode’s prior written consent.

7. Feedback; License to Us

If you provide CustomerNode with feedback, suggestions, ideas, or recommendations about the Services (“Feedback”), you grant CustomerNode a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to use, modify, and incorporate the Feedback into the Services without obligation to you. You will not provide Feedback that infringes or violates the rights of others.

8. Confidential Information

Each party agrees to protect the other party’s non-public confidential information using reasonable care and to use such information solely for purposes of providing or using the Services. Confidential information does not include information that: (a) is or becomes public through no fault of the receiving party; (b) was already known to the receiving party without restriction; (c) is independently developed without use of the disclosing party’s confidential information; or (d) is rightfully received from a third party without restriction.

A receiving party may disclose confidential information where required by law, regulation, or court order, provided that (where legally permitted) it gives reasonable prior notice to the disclosing party so that the disclosing party may seek a protective order or other appropriate remedy.

9. Indemnification

A. Customer Indemnification

You agree to indemnify, defend, and hold harmless CustomerNode and its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your Content, including any claim that Your Content infringes or violates the rights of any third party;
• Your use of the Services in violation of these Terms or applicable law, including misuse, unauthorized access, or use of prohibited content;
• Your breach of any of these Terms; or
• Your violation of applicable laws or regulations in connection with your use of the Services.

You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not settle any matter without our prior written consent.

B. CustomerNode Intellectual Property Indemnification

CustomerNode will defend Customer against any third-party claim alleging that the Services, as provided by CustomerNode and used by Customer in accordance with these Terms, infringe a United States patent, copyright, or trademark, and will indemnify Customer against damages finally awarded by a court of competent jurisdiction or amounts approved by CustomerNode in settlement, provided that Customer (i) promptly notifies CustomerNode in writing of the claim, (ii) gives CustomerNode sole control of the defense and settlement, and (iii) provides reasonable cooperation in the defense at CustomerNode’s expense.

CustomerNode shall have no obligation under this Section 9.B for any claim arising from or related to: (a) Customer Data or Your Content; (b) any combination of the Services with materials, products, or services not provided by CustomerNode; (c) any modification of the Services not made by CustomerNode; (d) AI Outputs; or (e) use of the Services other than in accordance with these Terms or the applicable documentation.

If the Services become, or in CustomerNode’s reasonable opinion are likely to become, the subject of an infringement claim, CustomerNode may at its option: (1) procure for Customer the right to continue using the Services; (2) modify or replace the affected portion of the Services so that it is non-infringing while preserving substantially equivalent functionality; or (3) terminate the affected portion of the Services and refund any prepaid fees for the affected portion covering the remainder of the applicable subscription term. This Section 9.B states CustomerNode’s entire liability, and Customer’s sole and exclusive remedy, for any third-party claim of intellectual property infringement by the Services.

10. Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.B).

CUSTOMERNODE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL CODE, OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED. STATEMENTS, ASSISTANCE, OR INFORMATION PROVIDED BY THIRD PARTIES THROUGH THE SERVICES ARE THE RESPONSIBILITY OF THOSE THIRD PARTIES AND NOT OF CUSTOMERNODE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11. No Incidental, Consequential, or Certain Other Damages

TO THE FULL EXTENT ALLOWED BY LAW, NEITHER CUSTOMERNODE NOR ANY OF THE THIRD PARTIES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOST OPPORTUNITY, OR LOST BUSINESS, ARISING OUT OF OR RELATED TO ANY ASPECT OF THE SERVICES OR ANY BREACH OF THESE TERMS (INCLUDING THE PRIVACY POLICY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCTS LIABILITY, OR MISREPRESENTATION.

12. Limitation of Liability

A. General Cap

EXCEPT FOR EXCLUDED CLAIMS (DEFINED IN SECTION 12.B), EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO CUSTOMERNODE UNDER THE APPLICABLE ORDER FORM OR SUBSCRIPTION DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

B. Excluded Claims

The limitation in Section 12.A shall not apply to either party’s:

1. gross negligence or willful misconduct;
2. breach of confidentiality obligations under Section 8;
3. indemnification obligations under Section 9; or
4. infringement or misappropriation of the other party’s intellectual property rights.

Customer’s payment obligations to CustomerNode are likewise not subject to the cap in Section 12.A.

C. Independent Application

THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THESE TERMS ARE INDEPENDENT AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED IN SECTIONS 11 AND 12 AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Linked Sites

The Services may contain links to third-party websites or services. We provide these links as a convenience and do not control or endorse the linked sites. Visits to linked sites are at your own risk and are governed by the third party’s own terms and privacy policies.

14. Amendments

We may update these Terms from time to time. Amended Terms take effect on the date specified for the amended version (“Effective Date”). Where amendments materially change your rights or obligations, we will provide reasonable advance notice through the Services or by email. Continued use of the Services after the Effective Date constitutes acceptance of the amended Terms.

15. Governing Law and Exclusive Jurisdiction

These Terms and your use of the Services are governed by the laws of Delaware, without regard to its choice of law provisions. You hereby consent to the exclusive jurisdiction of the competent courts of Delaware, United States of America.

16. Notices

We may provide notices to you by email, posting on the Services, or other reasonable means. Electronic notification satisfies any applicable legal notification requirement that notice be in writing. Notice to you is effective on the earlier of (i) receipt or (ii) 24 hours after delivery. Notices to CustomerNode shall be provided to [email protected].

17. Termination

We may suspend or terminate your access to the Services, or cancel these Terms, with or without cause, provided that we will give commercially reasonable notice in the case of termination of a paid subscription except for cause. Termination will not eliminate the surviving provisions of these Terms (see Section 18) and you will remain liable for obligations incurred before termination.

18. Entire Agreement; Miscellaneous

These Terms, including the Privacy Policy, amendments, and any additional terms incorporated by reference, constitute the entire agreement between you and CustomerNode regarding the Services and the subject matter of the foregoing (the “Entire Agreement”). If any provision is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect. Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. There are no third-party beneficiaries of these Terms.

The terms of this Section 18, Sections 3 through 5, 7 through 12, and 15 through 18, and our rights under the Privacy Policy, will survive termination of the Entire Agreement.

You may not assign these Terms or any rights or obligations under these Terms without our prior written consent. CustomerNode may assign these Terms without consent in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets.

Effective Date: 6/23/2023

Last Updated: 5/19/2026